Madan Mohan Malaviya Vidya Kendram Trust v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12-03-2026

CORAM

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P(MD).No.5603 of 2026 Madan Mohan Malaviya Vidya Kendram Trust, Rep., by its Secretary Vadam Potri Street, Alwarthirunagari, Eral Taluk, Thoothukudi District - 628 612.

... Petitioner Vs.

The Sub Registrar, Thuckalay Sub Registrar Office, Thuckalay, Kanniyakumari.

... Respondents PRAYER: Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorarified Mandamus, calling for the records of the impugned Refusal Check Slip issued by the respondent in Refusal Number. RFL/ Thuckalay/56/2026 dated 27.02.2026, and quash the same as illegal, arbitrary, and without jurisdiction and Further DIRECT the respondent to register the Sale Deed dated 27.02.2026 presented by the petitioner (assigned Temporary No. TP/255115203/2026) without demanding additional stamp duty at the stage of registration, and release the registered document to the petitioner within a time frame fixed by this Honble Court and pass such 1/6

further or other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice. For Petitioner : Mr.V.Jayaprakash For Respondent :

Mr.F.Deepak Special Government Pleader

ORDER

The writ petition is filed challenging the impugned refusal check slip dated 27.02.2026, quash the same and direct the respondent to register the Sale Deed dated 27.02.2026.

2. Heard Mr.V.Jayaprakash, learned counsel for petitioner and Mr.F.Deepak, learned Special Government Pleader, who takes notice for respondent.

3. Upon perusal of the impugned refusal check slip dated 27.02.2026, it can be seen that the document has been refused registration merely on the ground that the petitioner has presented it for a value lower than the guideline value. The Sub-Registrar has relied upon the minutes of the meeting circulated in this regard. However, this issue 2/6

has already been considered by this Court, and merely because a guideline value has been fixed, the document cannot be refused registration, as it is only a guideline value and if the Sub-Registrar is of the opinion that the document is undervalued, the course open to him is to register the document and refer the matter as per Section 47-A of the Indian Stamp Act to the appropriate authority.

4. In view thereof, the writ petition is allowed on the following terms:- i. The impugned refusal check slip dated 27.02.2026 shall stand set aside and the matter is remanded back to the file of the respondent for fresh consideration.

ii. The petitioner is directed to re-present the document to the respondent within a period of one week from the date of receipt of a web copy of this order, without waiting for the certified copy of this order.

iii. Upon receipt of the same, the respondent is directed to consider the same and register the document within a further period of two weeks therefrom.

iv. In case, the respondent is of the opinion that the same is 3/6

undervalued, he can register the document and refer it to the appropriate authority as per Section 47-A of the Indian Stamp Act. v. No costs. Consequently, connected miscellaneous petition is closed.

12.03.2026 Index: Yes Speaking Order: Yes rgm 4/6

To The Sub Registrar, Thuckalay Sub Registrar Office, Thuckalay, Kanniyakumari.

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D.BHARATHA CHAKRAVARTHY, J.

rgm and W.M.P(MD).No.5603 of 2026 12.03.2026 6/6